Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-03-23
state railroad commission, and served in that posi-
tiOn four years.
Provisions OF the Law.

common carrier OF carriers engaged In tne tTanS-
portati0n OF passengers or property wholly by
railroad, or partly by railroad and partly by
water, when both are used, under the common
tinuous carriage or shipment, from one state or
territory OF che United States, or the District OF
columbia to any other state or territory, &C, or
from any place In the United States to an adjacent
foreign country, or from any place In the United
States through a foreign country to any other
place In the United States.
AGAINST UNJUST DISCRIMINATION.
1t provides that all charges made for the trans
portatton OF passengers or property shall be 'rea-
sonable and just" II any common carrier subject
to the provisions OF the act shall charge directly
or indirectly, more less for one person than for
another for like services under similar circum-
stances, the common carrier shall be deemed
guilty or unjust discrimination, which is unlawful
under the act. 1t is made unlawful also for any
common carrier to give any undue or unreasonable
preference or advantage to any person. company,
or firm locality, &c, over any other person COM
pany, locality, &c. The act provides also that
common carriers shall make proper provision for
convenient interchange OF traffic with connecting
lines and shall not discriminate In their charges
however, require that they should allow other
companies to use their tracks.
LONG HAUL AND SHORT HAUL
1t Is provided that greater charge shall not be
made for carrying goods or passengers under the
same circumstances for shorter than for longer
distance. The discretion is given the commission
however, to permit this under certain crcum-
stances.
POOLING PRoHIBTED-RATE SCHEDULES no BE
POSTED.
Pooling Is prohibited also, and each day that
such pooling may be operated shall be looked upon
as separate offense
An common carriers must have displayed con-
Splcu0uSiy thelr schedules OF rates. No advance
In these rates shall be made except after ten days
public notise. A reduction OF rates may be made
at any Time, out the schedules OF reduced rates
must be posted. 1t is made unlawful to charge a
greater rate than the posted schedules pro-
yides. These schedules OF rates must be
nted with the commission and the comm1S-
sion must be notified Of all changes in the
schedule. All contracts and agreements between
common carriers must be filed with the commits
sion. In cases where passengers or freight pass
over continuous lines or routes operated by more
than one company, the joint rates and tariff shall
matter such publicity tney may deem proper
In case OF failure TO fe the schedules, &C. the
mandamus, in addition to other penalties provided
in the act; and failure to comply with its re-
Qulrements shall be a contempt; and the commits
sion may get writs OF injunction to prevent the
operation Of the Offending common carriers
LIABILITY TO SUITS FOR DAMAGES
1t is unlawful also, for any company to enter
into any combination to prevent the carriage OF
freight from being continuous from place OF ship
ment to place OF destination, &c. In case any
common carrier violates any OF the provisions OF
this law such carrier shall be liable IOr damages
to the person or persons affected by the violation
together with costs, &C. Persons claiming dam
may bring suit in their own behalf in any circuit
court OF the United States. But they shall not
pursue both remedies. The court may compel the
appearance OF any officers or directors OF the COM
m0n carriers or the production Of their books, &C.
The claim that such testimony OF evidence NAV
crmlnate the person giving II shall not excuse the
witness from teStiy wing, but this testimony may
not be used against the witness in criminal pro-
ceedings. Persons violating. or aiding ana aDet-
ting the violation OF this law will be guilty OF q
misdemeanor and be subject to q fine not to ex-
ceed s, 600 for each OhenSe.
TERMS OF OFFICE AND PowERsoF THE COMMISSIONERS.
There is a commission OF i've authorized to be
appointed by the President, subject to confrma-
tion by the senate, to serve 2, 3, f. and years;
and after the expiration OF these terms the terms
to be uniform1ly six years. he President is given
discretion as to removals for cause. No more
than three OF the commissioners can be from one
political party, and no person holding position
comm tSS1Oner.
The commission is given authority to in
Quire into the business affairs or any common
carrier and to compel the presence or witnesses
and the production OF books. In case eOr re-
Iusal to recognize this authority the circuit court
OF that jur1 sdCtiOn can compel the witnesses to
obey the subpoena Complaints may be filed with
the commission in the form OF petitions, setting
forth the allegations..The commission will notify
complained of is not corrected the commission has
authority to begin an investigation. No COM
the absence OF direct damages to COM
plainant. The commission is 10 make writ
ten statements OF the ia iscts found by their
statements are to be taken as prlina facie evil
dence. When the commission md that q COM
mon carrier has violated the law they are to
notify the offender or offenders Of the fact and
give them notice to cease such violation within a
certain time. II they obey this notice and make
reparatOn they relieved from further liability
In case OF q violation and no reparatlOn the CON-
mission are to take the case TO the circuit court
OF the proper jurisdiction, where the case will be
tried on short notice, the report OF the cOmmls-
sion to be taken as prima Iacie evidence. The
court may issue writs OF injunction and wits OF
attachment, &C., against the common carrier or
II corporation, against one or more OF the direc-
tors. trustees agents, owners, leSSeeS, &C.. and
may impose fines not exceeding 500 per day for
every day they continue TO dlSODey the order Of
the court, the money To go to the party complain
ing, or to be held by the court, or into the
iect In dispute shall be OF the value OF $1,000 or
more, either party TO such proceeding before said
court may appeal to the supreme Court OF the
United States, under the same regulations now
provided by law In respect OF security for such
appeal; but such appeal shall not operate to stay
or supersede the order OF the court or the execu-
ton OF any writ or process thereon; and such
court may, In every such matter, order the pay
menJ OF such costs and counsel ices as shall be
deemed reasonable.
the commission govern their own proceedings.
and majority constitutes quorum. Their saIa-
rleS are s., 500. They have authority to appoint
their expenses While not in Washington are to be
paid by the government. Their principal Office is
TO be in Washington, and they may meet any
are authorized to require annual reports from the
common carriers, making a very full statement OF
all their business; and they may require uniform
system OF accounts TO be followed by all common
carriers. The commission must report to the Sec
retary OF the Interior on the 1St day Of December
OF each year.
EXCEPTIONS AS TO RATES.
1t is further provided that nothing in the act shall
apply to the carriage, storage, or handling OF
property free at reduced rates for the United
states. state or municipal governments or for
charitable purposes, Or to or from fairs and expo
sit1ons for exhibition thereat, the issuance OF
mileage, excursion, or communication passenger
tickets. Nothing In the act shall be construed to
prohibit any common carrier from giving reduced
rates 70 ministers OF religion or to prevent rail-
roads from giving free carriage to their own OIL
GERS and employees, or to prevent the principal
officers OF any railroad company or companies from
exchanging passes or tickets with other railroad
nothing in the act shall in any way abridge or
alter the remedies now existing at common law
by statute but the provisions OF this act are In
addition TO such remedies, provided, that no
pending litigation shall ia any way be arected by
this act.
For the ensuing fiscal year $780, 600 is approprt-
ated for the use and purposes or this act
The Pending Railroad Deal.
AS far as public Information goes, there Is no
change In the status OF the negotiations for the
transfer Of controlling interest In the B. o. |
railroad to new hands. The Baltimore Sun to-day
says that Mr.. Stayner, one OF the men supposed |
to hold the new option was in that city yesterday
and had prolonged conferences with vfce-Presi.